According to the investigations, the biggest difficulty facing Chinese civilian organizations is from the systems. In the structure of systems in existence, most of the civilian organizations are in the illegal existences, and however, few legal civilian organizations are walking on a rough road now.

This discussion starts from the two cases that Impact Firm had assisted:

Firstly.“Dong Jian’s lawsuit against Health Ministry for administrative nonfeasance”. From the year 1991, Dong Jian began to prepare to establish a civil organization “Love Your Eyes Association” to spread the knowledge about protecting eyes, and support the medical care study. Nowadays, a lot of specialists in the eye-cure domain and persons with various professions voluntarily take part in this organization. Dong Jian put forward eight writing applications to the Health Ministry, in which there are some writing documents concerning the place, fund and director. However, the Health Ministry did not make any writing response, except a oral announcement “the disqualification for the application” and did not explain the detailed reasons.

Secondly, dispute of soil contract between Li Zhi Rehabilitation Center and He Kou village. Li Zhi Rehabilitation Center is an organization that supplies service for the persons handicapped in brain. In the support of the government, in May 2003, Li Zhi was registered as a non-enterprise organization run by the civil capital in the Civil Administration Bureau of Feng Tai District. Subsequently, Li Zhi made a soil contract with He Kou village. In addition, the handicapped children can contact the nature in the cultivating field. This scheme was affirmed by the specialists and at the same time “Li Zhi” gets a lot of rewards from the government. However, after the president of He Kou was changed, the new elected president refused the original soil contract.

These two cases reflect the demands for making law concerning the civil organization. However, only after fully knowing the citizen’s human rights and constitutional rights, law can play a true role in safeguarding and promoting the development of civil organizations. The schedule, the principle, guiding idea and the detailed provisions concerning the civil organizations are very far from us.

The constitution of the People’s Republic of China proscribes that the citizens of the People’s Republic of China have the right to freely organize the corporations.To join “B Convention of International Human Rights”---“International Convention on Citizen Rights and Political Rights”, China is preparing to fulfill the international obligations better than before.

That is to say, it needs to realize the constitutional rights of citizen and even to protect human rights and fulfill the obligations provided by the international convention through the legislation’s guarantee and the good development of civil organization.

IIAgenda:

the First Part：civil organizations in dilemma

1、no any formal answer to the application for establishing the “Love Your Eyes Association” during the period of six years.

2、the legal analysis on the case “Dong Jian v. Health Ministry”

3Civil Organizations under the dual system of career organizations

4、the difficulty for the civil organization’s existing

the second part：Theory on the freedom of establishing Civil organization and corporation

Dong Jian:not any answer to the nine-time applications during the period of four years

The establishment of this organization can reduce the social cost in the four aspects: short sight, children amblyopia and askance, cataract, and glaucoma. The Health Ministry did not make any answer to the nine-time applications during the period of four years

Li Juan: the legal analysis on the case “Dong Jian”

We are planning to establish a commonweal lawyer firm, but it doesn’t get approval through many-time applications. Therefore we have a same fate as Mr. Dong. There are mainly disputes concerning the time and the application of law in this case.

Yang Tuan: Civil Organizations under the dual system of career organizations

There do exist four questions in China, they are the difficulty in the registration of NGO, the dual system of career organizations, difficulty in the preparing a civil organization, and interior encouragement.

Jin jin ping: Firstly the legislature is to give a NGO a legal position.

The role of NGO should be equal to the other legal party. The law should not limit its position. The support of government, the supervision of government, and the encouragement of government is directly relating to the development of NGO.

The psychology of organizing corporations between the East and West is different. There are strong supports of system and full cultural structure. With the influence of globalization, the trend for organizing corporations cannot be stopped.

Mo ji hong: the protection and limits on the right of organizing corporations

The freedom of organizing corporations in the modern society must be limited. But, we should not be afraid of it, for in fact it is the limit on the government.

LiuPei Feng:to unite the laws concerning civil organization

Nowadays, the laws concerning civil organization are very loose, which causes a lot of problems, therefore it is necessary to unite them.

Xiao pei lin: the whole fact on the case “Li Zhi”

We have invested about 800,000 Yuan into this career, which is the guarantee for supporting the development of Li Zhi Rehabilitation Center.

Xia Lin:to distinguish the categories of organizations

We should distinguish the categories of organizations and divide them into two kinds: one is political organization, and the other is non-political organization. As to the political organization, there is party law for regulating it. On the contrary, as to the non-political organization, it should be open for its establishment.

VISocial Impact

Attention: this meeting is interior forum and therefore no medias are invited.